Regarding transfer of property if vendor is residing foreign

Vishant Rawat (Querist) 01 June 2017 This query is : Resolved
My family is residing at haridwar and on which house we are residing it is on my fathers name and my father is living in london and he will not come to india so he decided to transfer that property in my name what is the procedure to do so and the propert is outside nagar nigam of haridwar and i am the only child of my father and my mother has been expires.
and also please tell me what procedure my dad should follow.

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Rajendra K Goyal (Expert) 01 June 2017
Your father should execute a Power Of Attorney in your favor / in favor of any family member which would be attested by authorized officer at High Commission in London. POA has to be adjudicated / stamped / validated in India as per procedure. Contact local Registrar office for the same on receipt of POA.

If gift deed or sale deed is done considerable stamp fee need to be paid.

Your father can bequeath a will in your favor.

Kumar Doab (Expert) 01 June 2017
As suggested by Mr. Rajendra K Goyal, valid POA is the requirement.

Your state might have waived off stamp duty in case of blood relation.

Check at SRO.

Kumar Doab (Expert) 01 June 2017
Local counsel of unshakable repute and integrity specializing in revenue/property/civil matters can help you.

Rajendra K Goyal (Expert) 02 June 2017
It seems the sale deed favoring female would attract less stamp fee than gift in Utrakhand. Fact may be discussed / confirmed from Registrar office / local lawyer.

Kumar Doab (Expert) 03 June 2017
It is believed that you are Hindu.

Confirm!

Kumar Doab (Expert) 03 June 2017
If mother of your father, your mother have both deceased and you have NO other brother and sister ( legitimate/illegitimate) then you can be sole ClassI legal heir of your father.

So WILL (preferably registered) is one of the options.

If mother of your father, your mother have both deceased and you have NO other brother and sister ( legitimate/illegitimate) then you are sole ClassI legal heir of your father.

If the house is self acquired/earned property of your father then it shall devolve wholly upon you by simple procedure of inheritance. Same shall be in case of any other self acquired/earned property of your father.

If house is ancestral (/joint family property/HUF) property (of your father) then it shall devolve accordingly and share of your father should devolve wholly upon you.

Kumar Doab (Expert) 03 June 2017

If the house is self acquired/earned or property of your father and other’s are also staying in it then request your father to help you to get it vacated and handover to you, in his life time.

If he can appear in person for any valid/registered deed to transfer the estate/property in your name, nothing like it.

The stamp duty in case of blood relation may be NIL/Negligible say in case of Gift deed.